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PUBLIC NOTICE
Federal Communications Commission
445 12
th
St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA 16-159
March 1, 2016
Enforcement Advisory No. 2016-02
WARNING: Unauthorized Radio Broadcasting is Illegal
Persons or Businesses Operating “Pirate” Broadcast Stations
Are in Violation of Federal Law and Subject to Enforcement Action
Federal law prohibits operating radio broadcasting equipment in most cases without an FCC license. Thus,
perpetrators of pirate radio stations, which by definition do not obtain FCC licenses or comply with
Commission rules and requirements, are in violation of Federal law and FCC rules. This prohibition does not
discriminate by size of operations, applying equally to the rebellious high school kid operating a radio
station from his bedroom as it does to slick and sophisticated high-powered illegal broadcast operations.
What is Prohibited? Section 301 of the Communications Act prohibits the "use or operat[ion of] any
apparatus for the transmission of energy or communications or signals by radio" without a license issued by
the FCC.
1
Thus, in order to use or operate a radio station, the Communications Act requires that you
first obtain a license from the FCC.
2
If you run a pirate radio station, whether as owner or operator, you
could be subject to enforcement action.
3
Parties found operating radio stations without FCC authorization
1
47 U.S.C. § 301.
2
There are certain limited exceptions. For example, the Commission has provided authorization by rule to operators of
CB radio, radio control stations, and some domestic ship and aircraft radios. In addition, the Commission has
authorized the operation of certain low power radios pursuant to Part 15 of the Commission's Rules. As a result,
operators of these radio facilities are not required to have individual licenses. However, these operators are required to
operate their stations in a manner consistent with the Commission's operational and technical rules for those services.
3
See Andrew O. Turner, Notice of Apparent Liability for Forfeiture, DA 15-1334 (Enf. Bur. Nov. 20, 2015), 2015 WL
7354027 (proposing a $15,000 penalty for unlicensed operation on 95.9 MHz in Broward County, Florida); Jose Luis
Hernandez, Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 11673 (Enf. Bur. 2015) (proposing a $10,000 penalty
for unlicensed operation on 95.9 MHz in Passaic, New Jersey); Ivan Angeles, Notice of Apparent Liability for Forfeiture,
30 FCC Rcd 10202 (Enf. Bur. 2015) (proposing a $15,000 penalty for unlicensed operation on 91.9 MHz in Passaic, New
Jersey).
FCC ENFORCEMENT ADVISORY
could be subject to a variety of enforcement actions, including seizure of equipment, imposition of
monetary forfeitures, ineligibility to hold any FCC license, injunctive relief, and criminal penalties.
What is the Harm? Such illegal activity threatens the livelihood and sustainability of existing radio
broadcasters and the health and safety of the listening public. Specifically, pirate radio stations can cause
interference to other licensed broadcasters and non-broadcast services, not only preventing listeners from
hearing the programming on those stations but also potentially preventing listeners from hearing important
Emergency Alert System (EAS) warnings aired by those broadcasters.
What Should You Do if You Discover a Possible Pirate Radio Operation? First, make sure the station is
actually a pirate station. FCC rules require licensed broadcast stations to identify themselves each hour
using their FCC-assigned call signs, as close to the hour as possible. If the station does not identify with a
call sign, it may be a pirate operation. If it does identify with a call sign, you can look up the station using
the call sign on the FCC’s Consolidated Database System.
4
If you have reason to believe a station is a pirate station, please send as much information as you have to
the FCC. To do so, you can visit www.fcc.gov/complaints. Many pirates use false identities or are otherwise
difficult to track down, so please provide as much information as possible. We are particularly interested in
the location of the broadcast operations and transmitter, frequency, hours of operation, and any other
information that would allow us to identify the person(s) behind the potential pirate operation.
Please be advised that pirate radio operators also seek support from landlords or advertisers, including
nightclubs, concert promoters and local merchants. Providing support for such illegal activity could not only
damage the reputation of such businesses, but could expose them to FCC enforcement or other legal
actions.
Need More Information? Media inquiries should be directed to Will Wiquist at 202-418-0509 or
will.wiquist@fcc.gov. For general information on the FCC, you may contact the FCC at 1-888-CALL-FCC (1-
888-225-5322) or visit our website at www.fcc.gov. To request materials in accessible formats for people
with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call
the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Issued by: Chief, Enforcement Bureau
4
As noted above, however, some low-power unlicensed broadcasting is permitted, and those operators are not
required to use a call sign.